68-0429_CC_Minutes_Regular Meeting2`
Minutes of the Meeting of the City Council of San Juan Capistrano
APRIL 29, 1968
The regular meeting of the City Council was called to order at
6:02 PM by Mayor Edward S. Chermak.
The pledge of allegiance was recited. Invocation was given by
City Administrator, Ernest A. Thompson.
The City Clerk called the roll. Councilmen present: William A.
Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony)
Olivares and Edward S. Chermak.
The minutes of the regular meeting of April 22, 1968 were approved
with one correction.
WRITTEN COMMUNICATIONS
(a) Correspondence from office of the Lt. Governor regarding the
California Bicentennial Celebration Commission. Councilman Durn-
ford stated he anticipated local participation by the Historical
Society and will keep Council informed of their activities.
(b) Correspondence from the Orange County Flood Control District
introducing schedule of right of way acquisition and construction
of flood control and water conservation works planned during the
fiscal year 1968-69. Report on file in the office of the City
Clerk. Councilman Bathgate asked if it might not be appropriate
to request funding for impopvements of Oso Creek. Councilman
Durnford also suggested it might be timely to also request the
district to expedite flood control in the surrounding area in
order to include the City in the flood plain project. Mayor
Chermak directed that the City Engineer be authorized to make
recommendation and present the requests to the Flood Control
District.
(c) Mr. Sant appeared on behalf of Country Land Corp. requesting
relief from installation of off-site drain near intersection of
Alipaz and Camino Del Avion. He pointed out on photograph areas
where berm was broken to offset runoff water. County property
owner objects to drain being placed on his property.
This situation brought about a discussion regarding the recording
of easements. Councilman Durnford therefore moved that a new
policy be inaugurated whereby all easement deeds be recorded as
soon as possible upon receipt and held until such time as improve-
ments are made, these to include irrevocable offers to convey
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easements. Motion seconded by Councilman Forster and carried by
unanimous vote.
Council indicated that if Mr. Sant could obtain document relieving
the City from responsibility of possible flooding, they would
then be in a position to consider the request.
(d) Request for abandonment of Ganado Drive and San Juan Creek Road.
Maps and description presented. City Administrator stated con-
veyance only partial and must be processed through Division of
Land prior to consideration. Council concurred that item be
deferred until package is complete.
TREASURY DEMANDS
The list of demands payable April 30, 1968 were presented. Dir-
ector of Finance, Harold L. Albert, requested that Warrant Nos. 3261
and 3262 in the total amount of $167.16 be added to the list, compen-
sating Director of Public Works and plant operator's attendance at
State Water Quality Control Conference. Councilman Bathgate, seconded
by Councilman Durnford, moved that Warrant Nos. 3222 through 3262,
inclusive, in the total amount of $46,403.31 be issued. Motion carried
unanimously.
PUBLIC HEARING - Spreading of Assessments, Assessment District 66-1
Mayor Chermak announced that the hour of 6:00 PM having arrived,
this was the time and place fixed for the hearing of protests, object-
ions or appeals in respect to the assessment and work under and pur-
suant to resolution of intention, Resolution No. 67-4-24-6, and the
Improvement Act of 1911.
The City Clerk presented affidavits of publication, mailing and
posting notice of hearing on assessment.
Ernest A. Thompson, City Clerk, then read in full written pro-
tests filed in his office. These consisted of letters from the
following property owners:
B. P. Williamson, dated April 11, 1968
Ed Chade (two letters), dated April 13 and April 26, 1968
Sanj1'-Kinoshita, dated April 16, 1968
Fran M. Hobart, April 17, 1968
Robert W. Crabtree, dated April 18, 1968
Carl & Ruth Buchheim, dated April 23, 1968
Thayer T. Hills, dated April 23, 1968
Daniel Brown II, dated April 23, 1968
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C. Russell Cook, dated April 23, 1968
Mrs. Flora Windolph, dated April 23, 1968
Frank E. Gray, on behalf of Mission Hills Investment Co.,
dated April 26, 1968
James A. Daneri, dated April 27, 1968
Mr. Fritz Stradling, Assessment Counselor, introduced Mr. Joe
Feeney and Mr. Dick Bentwood of Engineering -Science, Inc. Mr. Bentwood
then explained rational of the assessment spread and presented formula.
He stated that in the opinion of Engineering -Science the spreading was
done fairly and equitably for all parties concerned.
Mayor Chermak then asked if any person who had filed a written
protest, or his representative, desired to be heard in support of such
a protest.
(1) Mr. Andrew J. Hamer, an associate of the Mission Hills Investment
Company, read his letter of protest, as a follow-up letter presented
by Frank E. Gray.
Mayor Chermak interjected a brief history regarding the establish-
ment of the Assessment District.
Mr. Bentwood then testified that the "Rosenbaum property" does
benefit as assessed, and that the engineering fees ran less than 15%.
The total contract price, $389,000.00, less the City's contribution of
$19,000.00. This left the total construction cost at approximately
$370,000.00, fees totaling 24.1%.
Mayor Chermak stated Council will take the case under advisement.
(2) Mrs. Fran Hobart questioned the distance from the sewer facility
that now exists. Mr. Bentwood stated there was a computation error and
therefore the figure will be adjusted.
(3) Mr. Kinoshita appeared asking reassurance that the pipeline near
his domestic well is completely encased for a radius of 50 feet. Mr.
Feeney stated Engineering -Science will check out and make sure it is
properly encased. Mr. Kinoshita also cited minor discrepancies, such
as surveyor's stake removed from intersection of Camino Del Avion and
Alipaz, and earth not tamped down sufficiently at .site of soil testing
operation, causing a water flow.
(4) Mr. Bill Taylor, on behalf of Mrs. Flora Windolph, inquired if all
similarly zoned property was charged alike. Answer was affirmative.
(5) Mr. Warren King, proponent of the Mission Hills Ranch, appeared
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protesting spread of assessment on the basis of the density pattern in
land where a force main would be necessary. Mr. Bentwood testified that
his property was assessed according to the benefit of the land.
(6) Mr. Carl Romer questioned benefits to land on basis of charge of
$200 per acre. This matter resolved by small conference with Engineer.
Mr. Stradling suggested leaving the hearing open affording an
opportunity to anyone else who wished to be heard. Engineering -Science
will make various corrections and ajustments by line item and present
to Council before next regular meeting.
Mayor Chermak declared protest hearing adjourned until the next
regular meeting, May 6, 1968 at 6:00 PM.
UNFINISHED BUSINESS
(a) Discussion regarding draft of Joint Powers Agreement - Mayor
Chermak stated agreement is almost ready to be presented at
meeting with other entities involved.
(b) Appointment of members to the City Planning Commission
Councilman Durnford reappointed Mr. Larry Buchheim to the Planning
Commission and to also serve on the Architectural Review Board.
Councilman Olivares reappointed Captain Gerald T. Gaffney.
Councilman Forster recommended that Mr. Arthur Lavagnino be
appointed to the Planning Commission and to also serve on the
Architectural Board of Review.
With Council concurrence, Mayor Chermak hereby made the appoint-
ments. Commissioners will be duly notified by the next Planning
Commission meeting.
(c) Personnel salary adjustment -
Mayor Chermak requested from Director of Finance a brief resume
of salaries now being paid plus costs of retainer fees. This
information to be presented at the next regular meeting.
(d) City Attorney presented draft of Joint Powers Agreement between
the City of San Juan Capistrano and Orange County Waterworks
District No. 4 for Council perusal and further comments at the
next regi meeting. Councilman Bathgate stated he would like
agreement to show what savings could be effected and that docu-
ment be in order to present at the next meeting regarding dis-
solution of Waterworks District No. 4.
NEW BUSINESS
Director of Finance, Harold L. Albert, presented specifications
Y-19-68
for a patch unit, stating Council could make any changes they felt
necessary. Councilman Durnford suggested the purchase of a small
generator unit to be installed on the patch unit. This was determined
not to be feasible. Councilman Durnford, seconded by Councilman Bath-
gate, moved that the City go to bid for the unit in accordance with
the list of specifications. Motion carried by 4 to 1 vote, Councilman
Olivares voting "No".
RECOMMENDATIONS AND REPORTS
(a) Director of Finance, Harold L. Albert -- Reported on Finance
Seminar he and City Treasurer attended in Palo Alto.
(b) City Engineer, Jack Y. Kubota -- Reported that dirt operation on
Stroschein property almost completed.
(c) Councilman Forster -- Again asked that Council consider holding
meetings at a later hour.
(d) Mayor Chermak -- Reported that they were able to elect members to
LAFCO at League of Cities meeting. Jim Workman was elected for a
four year term; Frank Noe was elected for a term of seven months;
Stan Northrup, the first Councilman ever elected, will serve a
four-year term as an alternate;
ADJOURNMENT
The meeting adjourned at 9:00 PM.
ErrMst A. Thompson
City Clerk-Administra or
These are the official proceedings of the City Council of San Juan
Capistrano at their regular meeting of April 29, 1968.
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